Diary Dates
As regular readers know, the ongoing Employment Tribunal against North Lanarkshire (Loudon & Othersv NLC) is due to resume in the New Year and so here are some important dates for the diary.
Monday 19 January to Friday 23 January 2015
One of the most impressive things about the Employment Tribunal involving North Lanarkshire Council earlier this week is the way that Daphne Romney QC (who is of course acting for the Action 4 Equality Scotland clients) - took a great big stick to the Council's case.
What Daphne wanted to know and what I really wanted to hear is how the Council could simply abandon a defence which North Lanarkshire has relied upon for years and expect that people would swallow that it had just made a 'mistake' or an 'error' - over people's job evaluations and scores.
Because for years the most senior officials in the Council have been insisting that they were right - that the scores awarded to Home Support Workers (Home Carers), School Crossing Patrollers and Playground Supervisors were correct and fully justified.
Complete baloney, as it turned out.
Yet some senior managers stated this was true, on oath, in their evidence to the tribunal and others have said so in Witness Statements which, interestingly, have still to be tested under cross examination.
And now the Council has been forced to climb down and concede that the job evaluation scores (on which people's grades and pay are based) are 'not to be relied upon'.
In other words that they are 'unsafe' and 'unsound', but surely the Council owes the tribunal a proper explanation for wasting all this time - and surely the workforce deserves to be told how the Council got itself into this terrible mess.
Especially when so many senior officials have been getting very well paid to oversee the whole job evaluation process which was supposed to ensure fair treatment and deliver equal pay for work of equal value.
Now I would expect that if Home Support Workers (or other workers) in North Lanarkshire were not doing their jobs properly, they would quickly be hauled up in front of their bosses and asked to explain themselves - and rightly so.
And if a plausible reason or explanation was not forthcoming pretty damn quick, that person or persons could expect to be facing a disciplinary hearing - so surely what's sauce for the goose should be sauce for the gander.
Because if you ask me, North Lanarkshire has let the workforce down and is guilty of failure on a epic scale - and somebody, somewhere ought to be required to answer for the way the whole business has been handled.
An apology would be a good place to start, so let's see what happens in the days ahead.
More to follow soon - watch this space.
Well what a day it was yesterday in the Glasgow Employment Tribunal - a momentous day if you ask me, because North Lanarkshire Council (NLC) was finally forced to concede that the gradings awarded to many of its women workers are wrong.
Specifically, the Council has abandoned its defence of the gradings applied to Home Support Workers (Home Carers), School Crossing Patrol Workers and Playground Supervisors - despite arguing for years that the pay and grading of these predominantly female jobs were absolutely fine.
The only way for the Council to rectify the situation is to appoint someone who can evaluate these jobs independently and properly, but that is of course what should have happened many years ago.
Other jobs may follow because the case made by the claimants and by the A4ES barrister, Daphne Romney QC, is that someone has to answer for how this could possibly have been allowed to happen - when so many well paid and senior Council managers were overseeing the process, supposedly to ensure that this was fair to all staff.
The tribunal also heard submissions from Daphne Romney QC which claimed that the way in which the Council assimilated staff on to new grades was discriminatory also - because it favoured all the bonus earning male jobs to the detriment of the women's jobs.
Apparently the Council used the men's bonus earnings to determine their place on the North Lanarkshire pay scale, but only the male jobs received bonus payments which are now accepted as discriminatory because they were effectively part of basic pay and were not related to productivity.
For example, a male worker earning £6.00 per hour plus a 60% bonus (which many of them did) was effectively on an hourly rate of £9.60 an hour - yet a female job on the same grade was assimilated to the NLC pay scale in a much less favourable way by ignoring the impact of the bonus payments.
In other words the women workers should have been put in exactly the same position as the men before the assimilation process took place - because by ignoring the bonus payments (paid only to traditional male jobs) the men received a much better deal than the women.
So if you ask me, the Council's case has turned into something of a dog's dinner and that's not even the end of it because there's also the issue of protection which again seems to have worked in favour of the men - and to the detriment of the women.
The 1999 Single Status (Equal Pay) Agreement agreed a three year protection period for people who lost out over the new join evaluation arrangements, but for some reason the Council seems to have ignored this provision and the male groups again seem to fare better than their female colleagues.
More details to follow in the days ahead - so watch this space.
I'm off to the Employment Tribunals today to the ongoing hearing involving North Lanarkshire Council which has been underway for several months - Action 4 Equality Scotland (A4ES) clients are being represented by one of the leading barristers in the UK, Daphne Romney QC.
Monday 19 January to Friday 23 January 2015
I'm sure the Council will notice if there is a presence of North Lanarkshire employees at the hearing, listening to the evidence and reporting back to their colleagues on what their senior managers have to say.
The tribunal normally gets underway at 10 am - and breaks for lunch around 1pm.
The venue is the Glasgow Employment Tribunal, Eagle Building, 215 Bothwell Street, Glasgow, G2 7TS - a 10 minute walk from Central Station.
Action 4 Equality Scotland claimants from North Lanarkshire are entitled to attend the hearing which is open to the general public as well, so I am going to make a point of getting along to hear Iris Wylie, the Council's head of human resources, give evidence.
The tribunal normally gets underway at 10 am - and breaks for lunch around 1pm.
The venue is the Glasgow Employment Tribunal, Eagle Building, 215 Bothwell Street, Glasgow, G2 7TS - a 10 minute walk from Central Station.
Action 4 Equality Scotland claimants from North Lanarkshire are entitled to attend the hearing which is open to the general public as well, so I am going to make a point of getting along to hear Iris Wylie, the Council's head of human resources, give evidence.
Because if you ask me, Iris Wylie has an awful lot of explaining to do on the Council's behalf.
Epic Failure (12 March 2014)
One of the most impressive things about the Employment Tribunal involving North Lanarkshire Council earlier this week is the way that Daphne Romney QC (who is of course acting for the Action 4 Equality Scotland clients) - took a great big stick to the Council's case.
What Daphne wanted to know and what I really wanted to hear is how the Council could simply abandon a defence which North Lanarkshire has relied upon for years and expect that people would swallow that it had just made a 'mistake' or an 'error' - over people's job evaluations and scores.
Because for years the most senior officials in the Council have been insisting that they were right - that the scores awarded to Home Support Workers (Home Carers), School Crossing Patrollers and Playground Supervisors were correct and fully justified.
Complete baloney, as it turned out.
Yet some senior managers stated this was true, on oath, in their evidence to the tribunal and others have said so in Witness Statements which, interestingly, have still to be tested under cross examination.
And now the Council has been forced to climb down and concede that the job evaluation scores (on which people's grades and pay are based) are 'not to be relied upon'.
In other words that they are 'unsafe' and 'unsound', but surely the Council owes the tribunal a proper explanation for wasting all this time - and surely the workforce deserves to be told how the Council got itself into this terrible mess.
Especially when so many senior officials have been getting very well paid to oversee the whole job evaluation process which was supposed to ensure fair treatment and deliver equal pay for work of equal value.
Now I would expect that if Home Support Workers (or other workers) in North Lanarkshire were not doing their jobs properly, they would quickly be hauled up in front of their bosses and asked to explain themselves - and rightly so.
And if a plausible reason or explanation was not forthcoming pretty damn quick, that person or persons could expect to be facing a disciplinary hearing - so surely what's sauce for the goose should be sauce for the gander.
Because if you ask me, North Lanarkshire has let the workforce down and is guilty of failure on a epic scale - and somebody, somewhere ought to be required to answer for the way the whole business has been handled.
An apology would be a good place to start, so let's see what happens in the days ahead.
More to follow soon - watch this space.
Council Bombshell (11 March 2014)
Well what a day it was yesterday in the Glasgow Employment Tribunal - a momentous day if you ask me, because North Lanarkshire Council (NLC) was finally forced to concede that the gradings awarded to many of its women workers are wrong.
Specifically, the Council has abandoned its defence of the gradings applied to Home Support Workers (Home Carers), School Crossing Patrol Workers and Playground Supervisors - despite arguing for years that the pay and grading of these predominantly female jobs were absolutely fine.
The only way for the Council to rectify the situation is to appoint someone who can evaluate these jobs independently and properly, but that is of course what should have happened many years ago.
Other jobs may follow because the case made by the claimants and by the A4ES barrister, Daphne Romney QC, is that someone has to answer for how this could possibly have been allowed to happen - when so many well paid and senior Council managers were overseeing the process, supposedly to ensure that this was fair to all staff.
The tribunal also heard submissions from Daphne Romney QC which claimed that the way in which the Council assimilated staff on to new grades was discriminatory also - because it favoured all the bonus earning male jobs to the detriment of the women's jobs.
Apparently the Council used the men's bonus earnings to determine their place on the North Lanarkshire pay scale, but only the male jobs received bonus payments which are now accepted as discriminatory because they were effectively part of basic pay and were not related to productivity.
For example, a male worker earning £6.00 per hour plus a 60% bonus (which many of them did) was effectively on an hourly rate of £9.60 an hour - yet a female job on the same grade was assimilated to the NLC pay scale in a much less favourable way by ignoring the impact of the bonus payments.
In other words the women workers should have been put in exactly the same position as the men before the assimilation process took place - because by ignoring the bonus payments (paid only to traditional male jobs) the men received a much better deal than the women.
So if you ask me, the Council's case has turned into something of a dog's dinner and that's not even the end of it because there's also the issue of protection which again seems to have worked in favour of the men - and to the detriment of the women.
The 1999 Single Status (Equal Pay) Agreement agreed a three year protection period for people who lost out over the new join evaluation arrangements, but for some reason the Council seems to have ignored this provision and the male groups again seem to fare better than their female colleagues.
More details to follow in the days ahead - so watch this space.
North Lanarkshire (10 March 2014)
I'm off to the Employment Tribunals today to the ongoing hearing involving North Lanarkshire Council which has been underway for several months - Action 4 Equality Scotland (A4ES) clients are being represented by one of the leading barristers in the UK, Daphne Romney QC.
I gave evidence at the North Lanarkshire tribunal a couple of months ago, so I will be interested to hear how the case has moved on since I was last there.
Watch this space for further news.
Now that South Lanarkshire has settled all of its outstanding equal pay claims, the focus of attention is switching to neighbouring North Lanarkshire Council - where equal pay is still very much a live issue.
Action 4 Equality Scotland (A4ES) is leading the way as far as the fight for equal pay in North Lanarkshire is concerned, just as we did in South Lanarkshire and all the other councils across Scotland.
So for the moment equal pay is very much ‘unfinished business’ as far as A4ES is concerned and here are some key issues that have still to be resolved.
Watch this space for further news.
North Lanarkshire (9 March 2014)
UNFINISHED BUSINESS
- A fair and just settlement of the equal pay claims submitted by former APT&C Workers - so-called Equal Value claims from employees in a wide range of clerical and other ‘salaried’ or ‘white collar’ jobs
- A full and just settlement of all the equal pay claims submitted by former Manual Workers which have been settled only partially up until now - A4ES continues to pursue these cases vigorously at the Glasgow Employment Tribunal.
- A4ES’s success in South Lanarkshire has driven home the message that lots of council employees in North Lanarkshire have still to protect their interests by registering an equal pay claim.
SO DON’T GET LEFT BEHIND
REGISTER AN EQUAL PAY CLAIM WITH
ACTION 4 EQUALITY SCOTLAND
TODAY
Contact Action 4 Equality Scotland:
Phone:0131 652 7366
Email: enquiries@action4equality.co.uk
Keep up to date with there latest news on the Action 4 Equality Scotland blog site and for the further information contact Mark Irvine at: markirvine@compuserve.com
